Does litigation privilege apply to communications between solicitor and client?
British Columbia, Canada
The following excerpt is from Thomson v. Berkshire Investment Group Inc. et al., 2007 BCSC 50 (CanLII):
Litigation privilege is not directed at or restricted to communications between solicitor and client. The purpose of litigation privilege is to create a “zone of privacy” in relation to pending or apprehend litigation. To achieve this purpose the parties to litigation must be left to prepare their contending position in private and without fear of premature disclosure: Blank v. Canada (Minister of Justice), 2006 SCC 39.
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